The Observatory for the Protection of Human Rights Defenders, a partnership of FIDH and the World Organisation Against Torture (OMCT), has received new information and requests your urgent intervention in the following situation in Turkey.

New information:

The Observatory has been informed by reliable sources about the ongoing judicial harassment of Ms. Şebnem Korur Fincancı, President of the Human Rights Foundation of Turkey (HRFT), Mr. Erol Önderoğlu, Turkey Representative of Reporters Without Borders (RWB), and Mr. Ahmet Nesin, journalist.

According to the information received, on January 11, 2017, after a five minutes hearing, the Istanbul Caglayan 13th Heavy Penal Court postponed the hearing in the trial of the three human rights defenders [1] on charges of “provoking commission of an offence” [2], “praising the offence and the offenders” [3] and “making propaganda of terrorist organisation through means of press” [4] to March 21, 2017.

The Observatory recalls that the three face possible custodial sentences for taking part in a solidarity campaign in support of the right to freedom of the press and, more particularly, the Kurdish newspaper Özgür Gündem [5].

The Observatorycalls upon the Turkish authorities to drop all the charges against them and, in the meantime, to ensure that all judicial proceeding against them are carried out in full compliance with their right to a fair trial, as protected under international law.

Background information:

On June 20, 2016, the 1st High Court of Peace in Istanbul ordered the detention of Ms. Şebnem Korur Fincancı, Mr. Ahmet Nesin and Mr. Erol Önderoğlu, pending an investigation into their alleged involvement in the propaganda of terrorism. The human rights defenders presented themselves after they had received arrest warrants, and were referred to the First High Court of Peace after testifying before the Prosecutor on Terror and Organised Crime at the Istanbul Court House in Çağlayan earlier that day, under accusations of “provoking commission of offence”,“praising the offence and the offenders” and “making terror propaganda”.

Ms. Şebnem Korur Fincancı, Mr. Ahmet Nesin and Mr. Erol Önderoğlu were questioned in relation to their participation in the “Editor-in-chief on Duty” campaign launched in early May 2016 in solidarity with the Özgür Gündem newspaper and to defend press freedom in Turkey [6].

Ms. Fincancı was detained at Bakırköy Women Closed Prison, while Messrs. Önderoğlu and Nesin were held in Metris Prison in Istanbul.

On November 8, 2016, the Istanbul Caglayan 13th Heavy Penal Court decided to pursue the charges against Ms. Fincancı, Mr. Önderoğlu and Mr. Nesin and decided to postpone the hearing to January 11, 2017.

Actions requested:

Please write to the authorities in Turkey, urging them to:

i. Drop all the charges against Ms. Şebnem Korur Fincancı, Mr. Erol Önderoğlu and Mr. Ahmet Nesin and, in the meantime, ensure that any judicial proceedings against them is carried out in full compliance with the defendants’ right to a fair trial, as protected under international law;

ii. Guarantee in all circumstances the physical and psychological integrity of all human rights defenders in Turkey, including Ms. Şebnem Korur Fincancı, Mr. Erol Önderoğlu and Mr. Ahmet Nesin;

iii. Put an end to all acts of harassment, including the judicial level, against all human rights defenders in Turkeysothat they are able to carry out their work without hindrance or fear of reprisals;

iv. Put an end to the ongoing crackdown on civil society under the pretext of countering terrorism and recognise the legitimate role of human rights defenders, in line with Turkey’s international obligations;

v. Comply with all the provisions of the United Nations Declaration on Human Rights Defendersadopted by the UN General Assembly on December 9, 1998, in particular its Articles 1, 12.1 and 12.2;

vi. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Turkey.

Please also write to the diplomatic missions or embassies of Turkey in your respective country.

***

Paris-Geneva, January 11, 2017

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory for the Protection of Human Rights Defenders (the Observatory) was created in 1997 by FIDH and the World Organisation Against Torture (OMCT). The objective of this programme is to intervene to prevent or remedy situations of repression against human rights defenders. FIDH and OMCT are both members of ProtectDefenders.eu , the European Union Human Rights Defenders Mechanism implemented by international civil society.

Footnotes

[1] Mr. İnan Kızılkaya, Managing Editor of the newspaper Özgür Gündem, is also facing the same charges.

[2] Article 214 of the Turkish Penal Code states that “(1) Any person who openly provokes commission of an offense is punished with imprisonment from six months to five year.
(2) Any person who arms a group against another group, or provokes to kill a person is punished with imprisonment from fifteen years to twenty-four years.
(3) In case of commission of offenses which involves provocation, the offender is punished from solicitation.

[3] Article 215 of the Turkish Penal Code states that “Any person who openly praises an offense or the person committing the offenses is punished with imprisonment up to two years.”

[4] Article 7/2 of the Anti Terror Law states that “(2) Those who assist members of organizations constituted in the manner described above or make propaganda in connection with such organizations shall be punished with imprisonment of between 1 and 5 years and with a fine of between 50 million and 100 million Turkish liras, even if their offence constitutes a separate crime.”

[5] Özgür Gündem(Turkish for “Free Agenda”) was an Istanbul-based daily newspaper in Turkish language. Launched in May 1992, the newspaper was known for its extensive reporting on the Kurdish-Turkish conflict, and was therefore regularly accused of making propaganda for the Kurdistan Workers’ Party (PKK). Its editors and staff have frequently been arrested and tried and multiple publication bans were issued within Turkey. On August 16, 2016, the newspaper was “temporarily” shut down following a court order, and some twenty journalists and editors were taken into custody. While others were released, novelist and Özgür Gündem columnist Ms. Aslı Erdoğan, editor in-chief Mr. Zana Kaya and managing editor Mr. İnan Kızılkaya remained imprisoned, facing charges of “membership of a terrorist organisation” and “undermining national unity”. Ms. Asli Erdogan and Zana Kaya were released pending trial on December 29, 2016.

[6] Özgür Gündem started the “Editor-in-chief on Duty” campaign on May 3, 2016 to express solidarity and defend press freedom in the face of a number of investigations faced by the newspaper. A total of 49 prominent journalists have served as one-day editors-in-chief since the beginning of the campaign. Some 37 of them have been investigated up to now. Yet, Ms. Fincancı, Mr. Önderoğlu and Mr. Nesin were the first persons to be arrested and detained in relation to the campaign.